IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 13^TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946 OP (FC) NO. 78 OF 2025 IA NO.5/2025 IN OP NO.1327 OF 2024, FAMILY COURT, ATTINGAL PETITIONER/PETITIONER:

PREETHA S, AGED 38 YEARS, D/O SUGATHAN, PREETHA NIVAS, OTTOR, THOPPIL, MOONGODE P.O., VARKALA, THIRUVANANTHAPURAM, PIN – 695144.

BY ADVS. K.S.PRAVEEN ASWATHI SURESH RESPONDENT/RESPONDENT:

VITHU MOHAN, AGED 40 YEARS, S/O LATE MOHANAN, T C 27/60, MRA-66, RESHIMANGALAM, KUNNUKUZHI P.O., VACHIYOOR, THIRUVANANTHAPURAM, PIN – 695035.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Devan Ramachandran, J.

The singular prayer in this Original Petition is that the learned Family Court, Attingal, be directed to take up and dispose of IA No.5/2025 in OP No.1327/2024, within a time frame to be fixed by this Court.

2. The petitioner says that she is a nursing graduate, who has now obtained employment in Australia; and that she, therefore, filed IA No.5/2025 for the purpose of obtaining a No Objection Certificate (NOC) to take her minor child along with her to the said country and to complete the migration processes. She says that, therefore, any delay in consideration of the said application would cause irreparable prejudice, not only to her, but also to the child.

3. We have little doubt that, when interim applications are filed, it is enjoined upon the courts to dispose them of without any avoidable delay. However, we are also aware of the huge workload that every Family Court in Kerala endures.

4. Therefore, when we issue any order, we will have to ensure the necessary balance between the afore two concers.

In the afore circumstances, we allow this Original Petition and direct the learned Family Court, Attingal, to take up and dispose of IA No.5/2025 in OP No.1327/2024, after affording necessary opportunities to both sides as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE Sd/-

M.B.SNEHALATHA akv JUDGE APPENDIX OF OP (FC) 78/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED

21/01/2022 IN OP(G&W)NO.1265/2016 BEFORE THE FAMILY COURT, ATTINGAL EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED

22/08/2023 IN OP NO. 1461/2023 BEFORE THE FAMILY COURT, ATTINGAL EXHIBIT P3 TRUE COPY OF THE OP NO.1327/2024 ON THE FILE OF FAMILY COURT, ATTINGAL DATED 12/09/2024 EXHIBIT P4 TRUE COPY OF THE I.A. NO.2/2024 IN O.P. NO.1327/2024 DATED 12/09/2024 BY THE PETITIONER EXHIBIT P5 TRUE COPY OF I.A.NO.4/2025 IN O.P.

NO.1327/2024 DATED 29/01/2025 EXHIBIT P6 TRUE COPY OF THE I.A.NO.5/2025 IN O.P.NO.1327/2024 OF THE FAMILY COURT, ATTINGAL DATED 29/01/2025